Locking a physical artifact of a copyrighted work to enable use of a digital version

ABSTRACT

An ownership interest in copies of physical artifacts is acquired from a set of owners. Each physical artifact contains a copyrighted work. The acquired ownership interest in the copyrighted work is transferred from at least a subset of the physical artifacts into a corresponding subset of digital content media items. The acquired ownership interest in the copyrighted works is leveraged to permit a set of consumers to access and utilize the subset of digital content media items. One or more computing devices execute a set of one or more functions to ensure a quantity of the consumers permitted to concurrently access digitized content of the digital content media items never exceeds a quantity of the acquired ownership interests acquired from the physical artifacts.

CROSS-REFERENCE TO RELATED APPLICATIONS

This continuation application claims the benefit of U.S. patentapplication Ser. No. 13/713,481, filed on 13 Dec. 2012 (now U.S. Pat.No. 9,189,823), which claims the benefit of U.S. patent application Ser.No. 12/727,952 filed 19 Mar. 2010 (now U.S. Pat. No. 8,359,246). Theentire contents of U.S. application Ser. No. 12/727,952 and 13/713,481are incorporated by reference herein.

BACKGROUND

The present invention relates to the field of digital media content and,more particularly, to locking a physical form of a copyrighted work thathas been purchased to enable use of a digital version using the rightfrom the physical form.

Sales of digital only media have been geometrically expanding, marking ashift from traditional physical media sales. Historically, sales ofmedia content occurred in a form bound to a physical media (e.g., book,cassette tape, CD, DVD, etc.). Consequently, a marketplace in whichphysically bound media was sold focused upon exchanges of tangibleobjects in which media was embodied. This is no longer the case, aspurchases of digital only content are on the rise with the widespreadmarket penetration of e-commerce storefronts such as ITUNES, AMAZON,NETFLIX, and the like.

Digital only media sales have numerous economic, technical, and legalramifications. Economically, sales of digital only content lowersproduction, distribution, and warehouse costs. It also speeds time tomarket. Further, impulse buys and direct advertising are easier fordigital only media than for their physically bound counterparts.Negatively, there is an increased concern with digital mediaproliferation through piracy or other non-sanctioned means.

From a technology end, both good and bad ramifications exist for digitalonly media. In theory, digital only media never degrades and can retainits original fidelity and utility indefinitely. Digital only media canbe moved and/or utilized on any of a variety of devices, which mayrequire format conversions. Digital only media can also be copied andshared—this is a strong concern from a provider's perspective. Digitalrights management (DRM) techniques are often implemented to preventunauthorized sharing and uses.

To date, many problems have resulted from DRM. For example, one DRMmeasure requires digital only media to periodically communicate with alicense server, else the digital only media becomes non-useful. Manysignificant players in this arena (e.g., MSN MUSIC, YAHOO! MUSIC STORE,FICTIONWISE/OVERDRIVE) have shifted their business model, which havecaused them to shut down their DRM servers. Thus, previously purchaseddigital only content becomes obsolete, as it cannot be used without theexistence of the DRM servers. Hardware (i.e., the original ZUNE thatlacked “PlaysForSure” support) can become obsolete when DRM schemes forplaying digital content change, leaving consumers with expensive andnon-useful hardware. Further, a lack of uniformity with DRM has resultedin incompatibilities among popular playback devices—most notablypurchased digital only media from some sources are not able to be playedon an IPOD, IPHONE, or ITOUCH, which are presently among the mostpopular products in the market for digital content playback.

From a legal perspective, the predominant form of legal protection fordigital only content is copyright law, which is often supplemented bycontract law (e.g., shrink-wrap and/or click-wrap licenses). Underdefaults of copyright law, a sale of digital only media legally permitsa single concurrent use of the media. Thus, the axiom exists thatlegally, digital only media can be treated like a book. Thisperspective, which is largely what consumers expect from their purchaseregardless of what legal rights they actually receive, would permitdigital only content to be loaned to others, to be used in differentlocations, to be used on different devices, and the like. Deviationsfrom this legal baseline (based on copyright law) enacted throughcontract law face problems, unless consumers are fully aware of theirlegal rights—else no true “bargained for exchange” has occurred, whichis required by contract law.

BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWINGS

FIG. 1 is a schematic diagram of a system 100 for establishing asecondary marketplace for digital media content in accordance with anembodiment of the disclosure.

FIG. 2 is a schematic diagram of kiosk embodiment 200 for a secondarymarketplace for digital media content in accordance with an embodimentof the disclosure.

FIG. 3 is a schematic diagram of a desktop embodiment 300 for asecondary marketplace for digital media content in accordance with anembodiment of the disclosure.

FIG. 4 shows a user interface 400 representing an e-commerce mediastorefront embodiment of a secondary digital media marketplace inaccordance with the disclosure.

FIG. 5 shows a user interface 500 representing an e-commerce auctionhouse embodiment of a secondary digital media marketplace in accordancewith the disclosure.

FIG. 6 shows a user interface 600 representing a media storefrontmarketplace for “used” digital media incorporated into a user's digitallibrary software in accordance with an embodiment of the disclosure.

FIG. 7 is a flowchart of a method 700 from a seller perspective throughwhich an embodiment of the invention processes the resale transfer ofdigital media content and associated rights from one user (i.e., sellerof previously purchased digital media) to the marketplace for purchaseby another user in accordance with an embodiment of the invention.

FIG. 8 is a flowchart of a method 800 from a user perspective thatallows for the purchase and transfer of digital media content andassociated rights from the seller (i.e., marketplace) to the purchaserof the marketplace provided “used” digital media in accordance with anembodiment of the disclosure.

DETAILED DESCRIPTION

A focus of this disclosure is on a secondary marketplace for digitalonly media, which is not known to exist. That is, traditionally boundmedia (e.g., fixed in a tangible storage format like a book, a DVD, aCD, etc.) have long permitted reselling of content through a secondarymarketplace. Hence, once a purchaser is “tired” of a purchased mediaobject, he/she can offer this media object for resale at a usedbookstore, used music store, etc. This transaction historically alsoincorporates the transfer of usage rights simultaneously to the transferof the physical expression in which the media is housed—the physicalobject and usage rights are seen as inextricably bound.

The first sale doctrine of copyright law is sometimes characterized as arule where a copyright holder's right to control how ownership ofpurchased legal copies of media content items (books, CD's, DVD's,software copies, etc.) is “exhausted” after an initial sale. Thus, apurchaser of a physical book owns a “copy” of the physical book and isgiven control or an ownership right to further dispositions of thatcopy. The owner can therefore sell, give, or rent the purchased copy toanother. This happens without the copyright holder of the book beingable to inhibit the purchaser. The doctrine of first sale permits theexistence of secondary marketplaces (or legal resale) of books, DVDs,CDs, and the like. This disclosure is an innovation (counter to legacyschools of thought) where an owner of a physical copy of a copyrightedwork provides this work to another, utilizing their right to control itsdisposal. The acquiring entity, then “extracts” the right to use thecopyrighted work and transforms the vehicle of this right to an digitalonly form of representation. A physical movie (DVD) can be converted,for example, into a digital file, which is linked to the originalownership right. Steps may be taken to ensure no proliferation occurs,meaning that the physical object and the digital file are notconcurrently used—as only one right to use the work was obtained. Thus,a one-to-one correspondence between “digital file” of the copyrightedwork (also referred to a digital media content item) and a legallyobtained physical copy of the work (the physical object through whichthe copyright work is expressed, which may be a book, DVD, CD, etc.) ismaintained—and additional “copies” of the work (ones to which no legalright has been previously purchased) are not being generated. In otherwords, the disclosure provides an additional and/or alternativemechanism (a digital media content item) to enable consumers toexperience or enjoy their purchased “copy” of a copyrighted work, whilesafeguarding the work to ensure that no unauthorized proliferationoccurs. Thus, the disclosure recognizes and leverages an insight (whichmay be a necessary precursor to ultimately developing the disclosedinnovation, and which may contract perceptions relating to the ownershipright possessed in the industry/field) that “control” of a copyrightedwork possessed by downstream owners (through the doctrine of exhaustionor other provision of law) is an “abstract right” to one concurrentexpression/utilization of that copyrighted work—as opposed to a rightthat is inseparable from a physical conveyance form or conveyance object(like a book, DVD, or CD). Thus, a “purchase” of a copyrighted workpermits end-users an ability to enjoy a single instance of thatcopyrighted work, which is not legally constrained to any one physicalartifact.

As will be appreciated by one skilled in the art, aspects of the presentinvention may be embodied as a system, method or computer programproduct. Accordingly, aspects of the present invention may take the formof an entirely hardware embodiment, a software embodiment (includingfirmware, resident software, micro-code, etc.) where the softwareembodiment can include a storage medium (which can be a tangible,physical, non-transitory storage medium) within which the softwareresides, or an embodiment combining software and hardware aspects thatmay all generally be referred to herein as a “circuit,” “module” or“system.” Furthermore, aspects of the present invention may take theform of a computer program product embodied in one or more computerreadable medium(s) having computer readable program code embodiedthereon.

Any combination of one or more computer readable medium(s) may beutilized. The computer readable medium may be a computer readable signalmedium or a computer readable storage medium. A computer program storedon a computer readable storage medium may be propagated over a distancevia a computer readable signal medium.

The computer readable storage medium can be a tangible, non-transitorymedium. The computer readable storage medium can be a physical device orpart of a physical device in which information is digitally encoded. Acomputer readable storage medium may be, for example, but not limitedto, an electronic, magnetic, optical, electromagnetic, infrared, orsemiconductor system, apparatus, or device, or any suitable combinationof the foregoing. More specific examples (a non-exhaustive list) of thecomputer readable storage medium would include the following: anelectrical connection having one or more wires, a portable computerdiskette, a hard disk, a random access memory (RAM), a read-only memory(ROM), an erasable programmable read-only memory (EPROM or Flashmemory), an optical fiber, a portable compact disc read-only memory(CD-ROM), an optical storage device, a magnetic storage device, or anysuitable combination of the foregoing. In the context of this document,a computer readable storage medium may be any tangible medium that cancontain, or store a program for use by or in connection with aninstruction execution system, apparatus, or device.

A computer readable signal medium may include a propagated data signalwith computer readable program code embodied therein, for example, inbaseband or as part of a carrier wave. Such a propagated signal may takeany of a variety of forms, including, but not limited to,electro-magnetic, optical, or any suitable combination thereof. Acomputer readable signal medium may be any computer readable medium thatis not a computer readable storage medium and that can communicate,propagate, or transport a program for use by or in connection with aninstruction execution system, apparatus, or device.

Program code embodied on a computer readable medium may be transmittedusing any appropriate medium, including but not limited to wireless,wireline, optical fiber cable, RF, etc., or any suitable combination ofthe foregoing. Computer program code for carrying out operations foraspects of the present invention may be written in any combination ofone or more programming languages, including an object orientedprogramming language such as Java, Smalltalk, C++ or the like andconventional procedural programming languages, such as the “C”programming language or similar programming languages. The program codemay execute entirely on the user's computer, partly on the user'scomputer, as a stand-alone software package, partly on the user'scomputer and partly on a remote computer or entirely on the remotecomputer or server. In the latter scenario, the remote computer may beconnected to the user's computer through any type of network, includinga local area network (LAN) or a wide area network (WAN), or theconnection may be made to an external computer (for example, through theInternet using an Internet Service Provider).

Aspects of the present invention are described below with reference toflowchart illustrations and/or block diagrams of methods, apparatus(systems) and computer program products according to embodiments of theinvention. It will be understood that each block of the flowchartillustrations and/or block diagrams, and combinations of blocks in theflowchart illustrations and/or block diagrams, can be implemented bycomputer program instructions. These computer program instructions maybe provided to a processor of a general purpose computer, specialpurpose computer, or other programmable data processing apparatus toproduce a machine, such that the instructions, which execute via theprocessor of the computer or other programmable data processingapparatus, create means for implementing the functions/acts specified inthe flowchart and/or block diagram block or blocks.

These computer program instructions may also be stored in a computerreadable medium that can direct a computer, other programmable dataprocessing apparatus, or other devices to function in a particularmanner, such that the instructions stored in the computer readablemedium produce an article of manufacture including instructions whichimplement the function/act specified in the flowchart and/or blockdiagram block or blocks.

The computer program instructions may also be loaded onto a computer,other programmable data processing apparatus, or other devices to causea series of operational steps to be performed on the computer, otherprogrammable apparatus or other devices to produce a computerimplemented process such that the instructions which execute on thecomputer or other programmable apparatus provide processes forimplementing the functions/acts specified in the flowchart and/or blockdiagram block or blocks.

FIG. 1 is a schematic diagram of a system 100 for establishing asecondary marketplace (e.g., item 150) for digital media content 142 inaccordance with an embodiment of the disclosure. The secondarymarketplace refers to a marketplace within which a reseller, who is nota media provider, has rights (e.g., item 146) for a copy of digitalmedia content 142. These rights (146) can include a transfer right 147,and utilization right 149, a right to copy, a broadcast right, and thelike. IN one embodiment, the transfer right 147 can include multiplelower level rights, such as different permission levels for this right,durations, restrictions, encoding, a right to reformat, a right tomodify fidelity, a right to embody within specific tangible medium types(DVD, BluRay, flash memory, etc.), and the like.

At least a portion of the rights 146 can be transferred one entity toanother via the secondary marketplace. Thus, a purchaser is able topurchase existing rights (146) to media content 142 from an authorizedowner (or rights holder) that is not an original content provider (i.e.,the rights holder unlike the provider is not permitted to create newrights to the media content 142, but is instead able to shift ownershipinterests in existing rights 146 to the content 142). An originalcontent provider can utilize and/or partner with distribution channels,such as known e-commerce storefronts like ITUNES, AMAZON, NETFLIX,BLOCKBUSTER, etc.

The secondary marketplace can take many forms including an e-commercesite 150, a kiosk, a physical storefront, an auction house, etc. In oneembodiment, the secondary marketplace can list available media items152, an associated media type 154 or encoding format, a set of ownershiprights 156 (which can be established by a rights certificate 146), and amechanism 158 to purchase the media content 142. The secondarymarketplace can also permit a user to provide 160 new digital contentitems to the marketplace for purchase by another.

As shown in FIG. 1, the user can access the secondary marketplace via acomputing device 110. This device 110 can include a number of computerprogram products 120 including a marketplace manager 122, a digitalmedia provider 124, a rights verification engine 126, a rights transferengine 128, a compensation engine 129, a user interface 130, and thelike. The computer program products 120 can be stored in a tangiblestorage media (part of hardware 112) and can be executed and/ormanipulated (for non-executables) using hardware 112. Hardware 112 caninclude a processor, one or more memories (tangible storage mediums), anetwork transceiver, input/output peripherals, and a bus communicativelyconnecting hardware 112 components to each other.

The marketplace manager 122 can maintain accurate records of mediacontent 142 information. When resales are made via the secondarymarketplace, the marketplace manager 122 can oversee the transaction asthe user provides media to the secondary marketplace, effectivelyreturning the media to the digital media provider 124 via user interface130. The digital media provider 124 can access data store 140 containingmedia content 142 elected for resale. The rights verification engine 126can substantiate the authenticity of the user's transfer right 147 ofmedia content 142, as well as the owner ID 148 and rights certificate146.

Once a sale or transfer of rights 156 has transpired via the secondarymarketplace, the compensation engine 129 can ensure proper credit orpayment is made. For example, a purchaser can financially compensate anoriginal owner for the transaction, where an optional surcharge is paidto the secondary marketplace for facilitating the transaction. In oneembodiment, the secondary marketplace can purchase media content 142from an original owner, then resell it to a purchaser as a rights holderhaving transfer authority. In one embodiment, the purchaser can includean entity that desires to take the media content 142 out of circulation,and is willing to pay a fee to dispose of the rights 146, in which casethe secondary marketplace (e.g., the rights transfer engine 128) mayensure the rights 146 are destroyed in accordance with directives of thepurchasing entity.

Once a resale transaction completes involving the media content 142, anew owner can be provided access to purchased media content 142 and anoriginal owner (reseller) can be denied access to the sold media content142. This can involve a copying and/or deletion of the media content 142within one or more data stores 140 to which the purchaser and sellershave access. The data store 140 can be internal to device 110 or can beexternal (e.g., stored on a removable media, stored in a network datastore accessible via a network), etc. In one embodiment, the mediacontent 142 can be disabled/enabled, as opposed to deleted/copied as aresult of the transaction completion. In one embodiment, only a portionof the rights 146, 156 can be involved in a secondary marketplacetransaction, in which case the original rights holder can retain unsoldrights (146, 156) to the content 142 and the purchaser can be granted aset of rights (146, 156) to the content 142 in accordance withtransaction details.

In one embodiment, a resale transaction of media content 142 can resultin Digital Rights Management (DRM) information of the content 142 beingchanged, so that the content is only usable upon a specific device 110or by the new rights holder (e.g., the purchaser). In one embodiment, aresale transaction of the media content 142 can result in a digitalwatermark being added to the media content 142, so that an identity of apurchaser and/or of a purchasing device 110 is recorded in the addeddigital watermark. Correspondingly, any digital watermark informationrelating to an original purchaser of the media content (e.g., theseller) can be optionally removed.

The media content 142 can include playback content 144, which is thecontent able to be presented to an authorized user. In one embodiment,various digital media rights (DRM) can be optionally associated with themedia content 142 as well. The various computer program products 120 canalter this DRM information during a resale and rights transfer process.For example, information in a rights certificate 146 and/or an embeddedowner identifier 148 can be updated to reflect the purchaser's identityand/or newly established privileges consistent with the purchased rights156. Similarly, access rights 149 can be updated to deny the reselleraccess to the playback content 144 once the transaction has beenconducted.

Media content 142 can include videos, audio files, audio books, songs,pictures, e-books, video games, productively software, and the like.Media content 142 can be conveyed within a carrier wave (a signalmedium), within a tangible storage medium (e.g., a physical object inwhich the media content is encoded), or not at all during a transactioninvolving the secondary marketplace. That is, the secondary marketplacedoes not necessarily provide the tangible storage medium in which thedigital only media content is ultimately stored (recognizing thatdigital only content must be stored in some tangible storage medium).For example, a purchaser/seller can have the content 142 transferredto/from a tangible storage medium owned by the purchaser/seller as partof the secondary marketplace transaction. Thus, media content 142 can beconveyed to a purchaser over a signal medium, which is a transitorymedium in which a data encoded carrier wave is conveyed between twophysically separated points in space.

In one embodiment, media content 142 sold to the secondary marketplacefor resale may not be transferred (via a carrier wave or a tangiblestorage medium) to the secondary marketplace from an original source.Instead, the rights 146, 156 or a portion thereof to the media content142 may be legally transferred. The secondary marketplace can acquirethe media content 142 from any source, once the legal rights areconveyed.

In one embodiment, the purchasing of the media content 142 from thesecondary marketplace, may not involve the transfer (via a signal mediumor a tangible storage medium) of the content 142 from the secondarymarketplace to a purchaser. Instead, rights 146, 156 or a portionthereof of the media content 142 may be legally transferred during asecondary marketplace transaction. A purchaser can acquire the mediacontent 142 from any source, once the legal rights are conveyed.

In one embodiment, an end-to-end transaction involving the secondarymarketplace may be non-parallel. For example, a seller may provide mediacontent 142 on a tangible storage medium, while a purchaser is providedthe media content 142 (along with the rights 146, 156) via a transitorymedium, such as a carrier wave, where the conveyed content is thereafterstored on a tangible storage medium owned by the purchaser (e.g., aflash drive, a memory of a device 110, a network memory accessible bythe purchaser, etc.). In another example, the seller may provide a rightto use 146, 156 media content 142 to the secondary marketplace (such asproviding a scratched DVD, CD, etc. that cannot be read, yet whichembodies a legal right) without providing the content to the secondarymarketplace, where the purchaser is provided a tangible storage medium(e.g., can be provided the purchased media content on a burned DVD, CD,etc.) including the media content 142 from the secondary marketplacealong with the rights 146, 156 to use the media content 142.

It should be emphasized that the rights 146, 156 involved in a secondarymarket transaction need not be a comprehensive set of rights possessedby a seller. For example, a set of rights 156 can include a streamingmedia right and a persistent single right to use a specific mediacontent 142 item. A seller, via the secondary marketplace (e.g., site150) may limit the for sale rights to streaming rights, thus the usernever permanently relinquishes their rights to the media content 142.Similarly, a time-expiring right to use the content 142 can betransacted through the secondary marketplace. Thus, the “seller” isrenting or leasing their rights to use the digital media content 142 toa purchaser for a fixed and limited period of time via the secondarymarketplace. This illustration of the bifurcation or separation ofrights 146, 156 is not intended to be comprehensive and any division ofrights is contemplated and enabled via the secondary marketplace.

FIG. 2 is a schematic diagram of kiosk embodiment 200 for a secondarymarketplace for digital media content in accordance with an embodimentof the disclosure. The kiosk 210 can be utilized by a user 202 in avariety of fashions to acquire or relinquish rights to media content208. For example, in one embodiment, a user 202 can feed the kiosk 210tangible object 204, such as a CD, DVD, book, or provide access to adrive such as a USB, which contains media content 208 for resale at thesecondary marketplace. The tangible object is a media item containingmedia content 208 previously owned by user 202 that he or she wishes toresell to another user of the secondary marketplace. Kiosk 210 caninclude a number of tangible media components such as an intake 222,out-take 224, a disposal mechanism 226, digital ports 228, and the like.

The intake mechanism 222 allows appropriate avenues for user 202 toprovide kiosk 210 with tangible objects 204. When input of a tangibleobject is detected, intake 222 can launch a user interface to prompt theuser 202 for account identification information or selections based onuser specific goals for the kiosk fed media content 208. Alternatively,intake 222 can be accessed at any time after the user 202 has beguninteracting with the kiosk terminal 210. Out-take 224 allows the kioskto function as a storefront of tangible objects 206 containing mediacontent 209 which a user 202 has purchased from the secondary mediacontent marketplace and elected to receive in the form of a tangibleobject 206.

Disposal mechanisms 226 ensure that once a user 202 has re-sold his orher media content 208 to the secondary marketplace, tangible object 204containing user 202's copy of media content 208 is disposed of. Thisprevents unauthorized use of digital media content 208. User 202 mayselectively engage in a partial surrender of media content 208 stored ontangible object 206 (i.e., the user may decide to re-sell one song off aCD, a chapter of an anthology from a book, temporarily “rent” out a DVD,and the like). Disposal 226 can be adjusted according to the userspecific selection of the resale made.

Digital ports 228 can function as either intake 222 or out-take 224components (i.e., a user 202 may provide or receive media content208-209 to or from kiosk 210 via, for example, an external drive, asmartphone, or the like).

In one embodiment, user 202 provides kiosk 210 with tangible object 204containing media content 208 via the intake mechanism 222 or digitalports 228. Kiosk 210 allows the user to make selections regarding howmuch of the media content 208 he or she wishes to provide for resale tothe secondary marketplace (to re-iterate, user 202 may decide to resellone track on a CD, a selection of tracks, or all tracks on the CD).According to user 202 inputs, kiosk 210 selectively disposes (226) ofthe tangible object 204 containing the resold media content 208,provides the resold media content 208 to the secondary marketplace andtransfers credit or payment to user 202 for the resold media content208. When a partial sale occurs (e.g., selling one song from an album),only the sold song can be disabled as a result of the secondarymarketplace transaction (e.g., the song can be removed from a user's 202media player, optical media 204 containing the song can be burned oraltered by kiosk 210 to prevent playback of that song, etc.).

In another embodiment, user 202 can also employ kiosk 210 to “trade in”tangible object 204 containing media content 208, purchase extra rightsor relinquish a subset of rights and elect to receive a new form oftangible object 206 containing media content 209. In this sense,tangible object 204 may or may not be the same format as tangible object206. For example, user 202 approaches kiosk 210 and provides a CD(tangible object 204) to resell a specific track (media content 208) onthat CD. The disposal mechanism simply “removes” that specific track(208) off of user 202's CD (204) and returns user 202's CD (204) via theout-take mechanism.

An example of a “trade in” utilizing the kiosk 210 is as follows: a user202 feeds kiosk 210 a DVD (tangible object 204) of Star Wars IV (mediacontent 208). Through selections at the kiosk 210 interface, the user202 may select to receive another DVD (tangible object 206) of modifiedcontent Star Wars IV-Remastered (media content 209) or a Blu-Ray Disc(tangible object 206) of Star Wars IV (media content 208). Thisillustration of “trade ins” of tangible objects (204-206) containingmedia content (208-209) is not intended to be comprehensive and anyvariation of “trade ins” is contemplated and enabled via the secondarymarketplace.

In yet another embodiment, user 202 may utilize kiosk 210 to access hisor her user specific data store (232, 234) associated with the secondarymarketplace via network 250 to retrieve previously purchased mediacontent in the form of tangible object 206 containing media content 209.User 202 can also utilize kiosk 210 to engage in the resale process of adigital media 240 item stored on his or her user specific data store orpurchase media content 209 available for purchase through another user'sdata store (232, 234) via the secondary media content marketplace.

In one embodiment (alluded to by the Star Wars IV example above), a user202 may sell and purchase effectively the same media content during asecondary marketplace transaction, just the transaction involves anexchange of rights to that content. For example, a user 202 may haveIPOD rights to a low-fidelity version of Star Wars IV and desire toreceive a high-definition version of Star Wars IV (possibly a remasteredor different version) encoded on a BLU-RAY disk. The secondarymarketplace can permit this type of transaction. For example, in oneembodiment, the secondary marketplace can already possess one extraright to the high-definition version of Star Wars IV encoded on aBLU-RAY disk, which it sells to the user 202. The user 202 is given anamount of “credit” towards this purchase based on providing thelow-fidelity version of Star Wars IV to the secondary marketplace, whichmay thereafter be sold to a different user as part of a differentsecondary marketplace transaction.

FIG. 3 is a schematic diagram of a desktop embodiment 300 for asecondary marketplace for digital media content in accordance with anembodiment of the disclosure. User Desktop 310 can interact with themedia content market server 320 and an associated data store 330, bothaccessible via a network 340. Through this arrangement, the same type oftransactions detailed in embodiment 200 can occur.

Variants to embodiments 200 and 300 are contemplated. For example,tangible objects 204 can be exchanged via the assistance of a postalmail service, which is conveyed to/from a location associated with mediacontent market server 320. Records of the server 320 can be updatedwhenever the tangible objects 204 containing the digital media areconveyed.

FIG. 4 shows a user interface 400 representing an e-commerce mediastorefront embodiment of a secondary digital media marketplace inaccordance with the disclosure. The e-commerce storefront can includeuser specific accounts (indicated in interface 400 by a welcome screenand acknowledgment of user identity 402) as well as user specificshopping carts 404 for selected media content items for purchase. Itshould be noted, that as in common e-commerce storefronts, user accountsallow all levels of customization for preferences, as well as the userselectively saving items to shopping carts for later access/purchase.

The e-commerce storefront interface 400 can present users with availableitems 450 for purchase, associated media types 452, assigned resaleprices 454, which display prices before user modification of selections,associated rights to use 456, digital format 458 for the assigned resaleprice, output media 460 available, the subsequent total price 462 of theselected item 450, and the like. Moreover, the interface 400 can presenta purchase mechanism 470 that can place selected items in the user cartfor purchase after the user has configured the options for the selectedavailable media content 450.

Available media content can be any digitally encoded media, such assongs, video, games, ebooks, smartphone applications, etc. The resaleprice 452 can be a standard set by the secondary marketplace for avariety of specific base items, altered by user options such as anexpansion or reduction of associated rights 456, output media 460selected, and the like. The e-commerce secondary media contentmarketplace can also allow users the option 480 to provide media contentto the marketplace for resale.

It should be emphasized from interface 400, that different rights 456can be for sale for the same media content (e.g., Media Item C), wheredifferent rights 456 may have different resale prices 454 associated.Similarly, a set of different formats 458 can exist for the same mediacontent. In one embodiment, different formats 458 can be associated withdifferent costs (e.g., a loss-less format may be more expensive than aglossy format). Similarly, the output media 460 can be optionallyselected via the interface 400. The output media can include differentselectable media formats, different tangible storage devices upon whichthe media content can be encoded, and the like. The total price 462 canreflect a base price for the media (464) plus or minus any adjustmentsincurred by modifying the default rights 456, format 458, and outputform 460. Shipping costs can be optionally incurred when physical mediais selected 460, which have to be shipped to a purchaser. In oneembodiment, different prices can be explicitly shown in the interface400 for a set of different user selectable options (see media item Cshowing an .avi cost, a DVD cost, and a Blu-Ray cost for the mediacontent). In one embodiment, multiple purchases (and multiple instancesof rights) can be concurrently purchased via interface 400—even for thesame media content item (such as Media Item C).

FIG. 5 shows a user interface 500 representing an e-commerce auctionhouse embodiment of a secondary digital media marketplace in accordancewith the disclosure. In one embodiment, the auction house can enableusers to resell and purchase “used” digital media content withassociated rights directly from other users of the secondary mediacontent marketplace without using the secondary marketplace as a directand involved intermediary between buyer and seller. Here, rather thanbuying “used” media content from a user and providing it for resale toanother user, the secondary marketplace can act as a forum or platformfor buyers and sellers to conduct their transactions directly with oneanother (much like EBAY).

In one embodiment, the media auction house 510 can allow users to accesstheir specific media auction house account (e.g., 502), follow items ofinterest and conduct transactions by participating in bids or otheroptions, such as “buy it now”, and the like (e.g., 504). The e-commercemedia auction house can present a set of information about availablemedia content items 515, which can be a compilation of marketplaceauction house user entered items for resale, and include items forresale in the e-commerce storefront regulated by the secondary mediacontent marketplace, or a combination thereof. Each item 515 can beassociated with user generated or default details 520 regarding thespecific item 515. These details can include but are not limited toformat information 522 and item specific rights information 524. Any ofthese user generated details 520 can be verified by the secondary mediacontent marketplace.

Other information regarding the resale media content items 515 can alsobe displayed such as current bid amounts 525, time left 530 in the itemspecific auction, seller profile information 535, as well as a mechanismto participate in the auction house marketplace by placing a bid 540.Seller profile information can include factors such as feedback fromprevious purchasers, resale history, library information to facilitateusers requesting new media to be resold that is not currently availablefor resale through the media content auction house (e.g., 550), and thelike.

FIG. 6 shows a user interface 600 representing a media storefrontmarketplace for “used” digital media incorporated into a user's digitallibrary software in accordance with an embodiment of the disclosure.User oriented media programs such as e.g., ITUNES, incorporate “stores”for instant download of selected media items directly through the user'sdigital library interface. The secondary media market interface 600presents an option for users to conveniently “return” previouslypurchased media to the “store” within their media market application610, which in turn can resell the media content to another user. Assuch, a return pane 620 is included which functions as a reversestorefront for media content in these user oriented media programs.

The return pane 620 can include a listing of all media items 622 in theuser library, their associated type or format 624, usage rights 626associated with the media item 622, a display for current return value628, and a mechanism 630 for returning the selected media content to beresold in the secondary marketplace. The assigned current return valuecan be media item specific as well as highly flexible depending onfactors such as popularity of an item, time since its release, theavailability of remastered/remixed/new editions, and the like. The valuemay be selectively displayed in currency amounts as well as “trade in”credits that may vary according to media categories (e.g., new releases,user favorites, etc.) as is highlighted in interface 600.

In another embodiment, additional information can be included as part ofthe return pane 620, such as e.g., the date the item was originallyacquired, play counts, the date the item was last accessed, an updateengine which can display new versions of the media item available (e.g.,remastered editions of videos, remixes of songs, new editions of books),and the like. The return pane can also, in another embodiment, allow forpartial surrender of rights to a user owned item as well as allowrenting, i.e., allow for time constrained streaming, of other users'media. It should be noted that this listing is not comprehensive and anydivision of rights, temporary relinquishment of rights, or resale ofrights to a media content is contemplated.

FIG. 7 is a flowchart of a method 700 from a seller perspective throughwhich an embodiment of the invention processes the resale transfer ofdigital media content and associated rights from one user (i.e., sellerof previously purchased digital media) to the marketplace for purchaseby another user in accordance with an embodiment of the invention. Inthis embodiment, the secondary media content marketplace interactiveterminal can either receive 705 a tangible media artifact or identify710 an accessible data store remote from the interactive terminal.

The interactive terminal then identifies (715) digital content availableon either the tangible media artifact or the remote data store providedby or indicated by the user of the interactive terminal. The terminalgoes on to (720) present a listing of media items, thereby displayingidentified content for resale or purchase to a user. Once theinteractive terminal receives (725) user selections of the presentedcontent available for rights transfer from the user to the terminal(this indicates a resale), the terminal implements (730) a transfer ofrights of the selected media to the interactive terminal (i.e., thesecondary media content marketplace). The terminal prompts (735) theuser if he or she is seeking to maintain a copy of the selected media.

Should the user select not to receive a copy, the source can beoptionally modified (770) and the interactive terminal can provide (775)the user of the interactive terminal with credit for the newly acquiredmedia content for resale. The terminal further provides (780) the newcontent in the secondary media content marketplace, or alternativelydisposes (785) of content and allows for the receipt of compensationfrom the original content provider for the disposal.

Should the user select to receive a copy of the media content he or sheprovided to the secondary media content marketplace, the interactiveterminal will prompt (740) the user for payment of the copy afteridentifying the specific type of copy desired by the user. The user canchoose to receive a copy from the original content provided, in whichcase the terminal reads (745) the source file and produces a copy of theselected media to a target data store.

Alternatively, the user can choose to receive a copy from anothersource. Should this be the case, the terminal will identify (750) apreferred source for the media. The preferred source may be identifiedin a variety of fashions, such as user selection, historic userselection patterns, best available quality determined by interactiveterminal, and the like. After the terminal has identified the source forthe copy of the user selected media, it will engage (755) in copying theselected media from the preferred source to a target data store. Thetarget data stores for steps 745 and 755 may be the user specific datastores associated with the secondary media content marketplace or userselected data stores accessible via a network.

Following the copying process for the user, the interactive terminalperforms a check as to whether or not the user provided (760) tangiblemedium and all items on the tangible medium were selected for resale. Ifa tangible medium was used and all items were selected, the interactiveterminal will proceed to destroy (765) the tangible media artifact. If atangible medium was used and not all media content items were selectedfor resale, the interactive terminal will engage in a select disposal bymodifying (760) the source of the items that were selected for resale toprevent playback of only those selected items.

Subsequently, the source can be optionally modified (770) and theinteractive terminal will provide (775) the user credit for the terminalacquired media content, provide (780) the new content in the secondarymedia content marketplace, or dispose (785) of the acquired content toprevent access and playback by unauthorized users and thereby allow forreceipt of compensation from the original content provider for thedisposal.

FIG. 8 is a flowchart of a method 800 from a user perspective thatallows for the purchase and transfer of digital media content andassociated rights from the seller (i.e., marketplace) to the purchaserof the marketplace provided “used” digital media in accordance with anembodiment of the disclosure. In the embodiment described, upon useraccess, the interactive terminal can prompt (805) the user foridentification information, i.e., the terminal prompts the user to login to his or her specific secondary media content marketplace account.

Subsequently, the interactive terminal can present (810) the user withdigital media (i.e., media content) available for purchase via thesecondary media content marketplace. Optionally, the interactiveterminal can present available variations of media rights and outputformats as well as corresponding media item prices depending on the rawmaterials, conversions, etc necessary to produce the availablevariations of media content and possible tangible items containing themedia content.

Upon receiving (820) a user selection of desired media content forpurchase and placing it in the user's cart, the interactive terminal canprompt the user for payment and receive (825) compensation from the userfor the selected media content. Furthermore, the interactive terminalcan perform a check as to whether or not the user selected (830) digitaloutput for the acquired media.

Should the user have not selected a digital output, but rather outputvia a tangible item containing the acquired media content, theinteractive terminal can perform the following steps: Initially, theterminal can transfer (835) the rights to the digital media from themedia marketplace to the user's account and prepare the user ID andrights certificate for the requested physical copy. Additionally, theterminal can produce (840) the selected tangible object with the useracquired media content and encode the user ID and rights certificatewith the purchaser's information.

Alternatively, should the user have selected to receive the selectedmedia content in digital form, the interactive terminal can link (845)the user acquired media content to the user's account with the mediacontent marketplace to allow the user access at a later time. Moreover,the terminal can transfer (850) rights to the media content from themedia content marketplace to the user's account. Upon user access (855)and transfer of the acquired media content to the user specific datastore, the user copy can be modified to enable playback of the acquiredmedia content.

The flowchart and block diagrams in the Figures illustrate thearchitecture, functionality, and operation of possible implementationsof systems, methods and computer program products according to variousembodiments of the present invention. In this regard, each block in theflowchart or block diagrams may represent a module, segment, or portionof code, which comprises one or more executable instructions forimplementing the specified logical function(s). It should also be notedthat, in some alternative implementations, the functions noted in theblock may occur out of the order noted in the figures. For example, twoblocks shown in succession may, in fact, be executed substantiallyconcurrently, or the blocks may sometimes be executed in the reverseorder, depending upon the functionality involved. It will also be notedthat each block of the block diagrams and/or flowchart illustration, andcombinations of blocks in the block diagrams and/or flowchartillustration, can be implemented by special purpose hardware-basedsystems that perform the specified functions or acts, or combinations ofspecial purpose hardware and computer instructions.

What is claimed is:
 1. A method comprising: acquiring or detecting anownership interest in a physical artifact from an owner or seller,wherein the physical artifact contains a copyrighted work, wherein legalpossession of the physical artifact represents a right to a license toutilize the copyrighted work per the ownership interest; transferringthe ownership interest from the physical artifact to a correspondingdigital content media item, which contains the copyrighted work;modifying or locking the physical artifact to ensure that the physicalartifact no longer enables a human to completely experience thecopyrighted work from the physical artifact thereby ensuring that thephysical artifact and the corresponding digital media content item arenot able to be concurrently utilized since only one legal right to anunderlying copyright work represented by the license was afforded by theownership interest; leveraging the ownership interest to permit a set ofone or more consumers to access or otherwise utilize the digital contentmedia item to experience the copyrighted work from one or more playbackdevices able to playback the copyrighted work from the digital mediacontent item, wherein the license from the physical artifact permits theset of consumers to access and utilize the corresponding digital contentmedia item by virtue of the license; and responsive to detection of anunlocking or a further modifying the physical artifact so that thephysical artifact is usable by a human to experience the copyrightedwork, disabling or deleting the digital content media item therebyensuring that the physical artifact and the digital media content itemare not able to be concurrently utilized since only one legal rightrepresented by the license was afforded per the ownership interest. 2.The method of claim 1, wherein the owner previously purchased thephysical artifact, wherein an acquiring of the ownership interest occursthrough a secondary market transaction.
 3. The method of claim 1,wherein an entity that legally permits the set of consumers to access orotherwise utilize the digital content media item is a different legalentity than the owner or seller from which the ownership interest wasacquired, and wherein the entity is not a copyright holder of thecopyrighted work.
 4. The method of claim 1, wherein the physicalartifact is locked to ensure that the physical artifact no longerenables a human to completely experience the copyrighted work.
 5. Themethod of claim 1, wherein the physical artifact is locked to ensurethat the physical artifact no longer enables a human to completelyexperience the copyrighted work, wherein a system that distributes orprovides access to the digital content media item tracks a lock state ofthe physical artifact and prevents distribution or utilization of thedigital content media item upon a change in the locked state of thephysical artifact from locked to unlocked.
 6. The method of claim 1,wherein the physical artifact is locked to ensure that the physicalartifact no longer enables a human to completely experience thecopyrighted work, wherein a system that distributes or provides accessto the digital content media item tracks a lock state of the physicalartifact and prevents an unlocking of the physical artifact for aduration that the digital content media item is able to be utilized bythe set of one of more consumers to experience the copyrighted work. 7.The method of claim 1, wherein the physical artifact is locked within acontainer that reports lock-state of the container to a licenseinventory control system, wherein the license inventory control systemensures the one or more consumers are not provided the digital mediacontent item in a form in which the copyrighted work is able to beexperienced by the one or more consumers unless a corresponding licenseis available by virtue of the physical artifact being locked.
 8. Themethod of claim 1, wherein the one or more consumers subscribe to aservice that permits subscribers to access a repository of digitalcontent media items, which includes said digital content media item,wherein access to the repository is restricted based on a number oflicenses have been acquired to underlying copyrighted works accessiblethrough the digital content media items of the repository.
 9. The methodof claim 1, wherein the one or more consumers rent an ability toexperience the copyrighted work from the digital content media item fora duration of time for a rental fee.
 10. A system comprising: one ormore processors; one or more non-transitory storage mediums comprisingprogrammatic instructions that are executed by the one or moreprocessors, wherein execution of the programmatic instructions by theprocessors causes the system to: acquire or detect an ownership interestin a physical artifact from an owner or seller, wherein the physicalartifact contains a copyrighted work, wherein legal possession of thephysical artifact represents a right to a license to utilize thecopyrighted work per the ownership interest; transfer the ownershipinterest from the physical artifact to a corresponding digital contentmedia item, which contains the copyrighted work; modify or lock thephysical artifact to ensure that the physical artifact no longer enablesa human to completely experience the copyrighted work from the physicalartifact thereby ensuring that the physical artifact and thecorresponding digital media content item are not able to be concurrentlyutilized since only one legal right to an underlying copyright workrepresented by the license was afforded by the ownership interest;leverage the ownership interest to permit a set of one or more consumersto access or otherwise utilize the digital content media item toexperience the copyrighted work from one or more playback devices ableto playback the copyrighted work from the digital media content item,wherein the license from the physical artifact permits the set ofconsumers to access and utilize the corresponding digital content mediaitem by virtue of the license; and responsive to detection of anunlocking or a further modifying the physical artifact so that thephysical artifact is usable by a human to experience the copyrightedwork, disabling or deleting the digital content media item therebyensuring that the physical artifact and the digital media content itemare not able to be concurrently utilized since only one legal rightrepresented by the license was afforded per the ownership interest. 11.The system of claim 10, wherein the owner previously purchased thephysical artifact, wherein an acquiring of the ownership interest occursthrough a secondary market transaction.
 12. The system of claim 10,wherein an entity that legally permits the set of consumers to access orotherwise utilize the digital content media item is a different legalentity than the owner or seller from which the ownership interest wasacquired, and wherein the entity is not a copyright holder of thecopyrighted work.
 13. The system of claim 10, wherein the physicalartifact is locked to ensure that the physical artifact no longerenables a human to completely experience the copyrighted work.
 14. Thesystem of claim 10, wherein the physical artifact is locked to ensurethat the physical artifact no longer enables a human to completelyexperience the copyrighted work, wherein the system is one thatdistributes or provides access to the digital content media item,wherein the system tracks a lock state of the physical artifact andprevents distribution or utilization of the digital content media itemupon a change in the locked state of the physical artifact from lockedto unlocked.
 15. The system of claim 10, wherein the physical artifactis locked to ensure that the physical artifact no longer enables a humanto completely experience the copyrighted work, wherein the system is asystem that distributes or provides access to the digital content mediaitem, wherein the system tracks a lock state of the physical artifactand prevents an unlocking of the physical artifact for a duration thatthe digital content media item is able to be utilized by the set of oneof more consumers to experience the copyrighted work.
 16. The system ofclaim 10, wherein the physical artifact is locked within a containerthat reports lock-state of the container to a license inventory controlsystem, wherein the license inventory control system is communicativelylinked to the system or is integrated within the system, wherein thelicense inventory control system ensures the one or more consumers arenot provided the digital media content item in a form in which thecopyrighted work is able to be experienced by the one or more consumersunless a corresponding license is available by virtue of the physicalartifact being locked.
 17. The system of claim 10, wherein the one ormore consumers subscribe to a service of the system, wherein the servicepermits subscribers to access a repository of digital content mediaitems, which includes said digital content media item, wherein access tothe repository is restricted based on a number of licenses have beenacquired to underlying copyrighted works accessible through the digitalcontent media items of the repository.
 18. The system of claim 10,wherein the system rents an ability to experience the copyrighted workto the one or more consumers by providing the digital content media itemfor a duration of time for a rental fee.
 19. A computer program productcomprising: one or more non-transitory computer-readable mediums;program instructions, stored on at least one of the one or morenon-transitory computer-readable mediums, to acquire or detect anownership interest in a physical artifact from an owner or seller,wherein the physical artifact contains a copyrighted work, wherein legalpossession of the physical artifact represents a right to a license toutilize the copyrighted work per the ownership interest; programinstructions, stored on at least one of the one or more non-transitorycomputer-readable mediums, to transfer the ownership interest from thephysical artifact to a corresponding digital content media item, whichcontains the copyrighted work; program instructions, stored on at leastone of the one or more non-transitory computer-readable mediums, tomodify or lock the physical artifact to ensure that the physicalartifact no longer enables a human to completely experience thecopyrighted work from the physical artifact thereby ensuring that thephysical artifact and the corresponding digital media content item arenot able to be concurrently utilized since only one legal right to anunderlying copyright work represented by the license was afforded by theownership interest; program instructions, stored on at least one of theone or more non-transitory computer-readable mediums, to leverage theownership interest to permit a set of one or more consumers to access orotherwise utilize the digital content media item to experience thecopyrighted work from one or more playback devices able to playback thecopyrighted work from the digital media content item, wherein thelicense from the physical artifact permits the set of consumers toaccess and utilize the corresponding digital content media item byvirtue of the license; and program instructions, stored on at least oneof the one or more non-transitory computer-readable mediums, toresponsive to detection of an unlocking or a further modifying thephysical artifact so that the physical artifact is usable by a human toexperience the copyrighted work, disabling or deleting the digitalcontent media item thereby ensuring that the physical artifact and thedigital media content item are not able to be concurrently utilizedsince only one legal right represented by the license was afforded perthe ownership interest.
 20. The computer program product of claim 19,wherein an entity that legally permits the set of consumers to access orotherwise utilize the digital content media item is a different legalentity than the owner or seller from which the ownership interest wasacquired, and wherein the entity is not a copyright holder of thecopyrighted work.